Traffic Law

March 27, 2015 | Category: Traffic

The Senate Corrections and Criminal Law Committee heard HB 1305 concerning various motor vehicle issues, sponsored by Sen. Young and presented by author Rep. McMillin.  The bill was drafted to improve on the changes made by HEA 1279-2014. The Committee took an amendment by consent that would continue the work to move the penalty provisions into the same statute as the substantive elements of the offenses. Representatives from the Indiana Prosecuting Attorney Council and Public Defender Council both testified in support of the bill.  The Committee made additional amendments to reckless driving, offenses for traveling on interstate highways, and operator responsibilities after an accident. The amended bill passed 10-0.

Traffic Law

February 27, 2015 | Category: Traffic

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
HB 1305 Various motor vehicle issues 1/22/15 Do Pass –A 1/26/15 Engrossed –A 1/27/15 Passed 98-0 Young, M.; Steele

Traffic Law

January 23, 2015 | Category: Traffic

The House Roads and Transportation Committee heard HB 1305 concerning various motor vehicle issues authored by Rep. McMillin. Rep. McMillin explained that this bill was a product of a workgroup of judges, prosecutors, public defenders, and the BMV to refine the provisions of Title 9 impacted by HEA 1279-2014.  The Committee adopted some amendments by consent.  The amended bill would adjust some of the penalties for reckless driving, address some provisions on possession of multiple licenses/id cards, provide that reproducing counterfeit licenses/permits would constitute a class B misdemeanor, provide that a person can only be suspended one time for the same incident, amend some reporting responsibilities when accidents occur, amend eligibility for specialized driving privileges, amend some OWI provisions, allow a defendant to petition the court to make the HTV determination in advance of the bureau, amend provisions related to individuals with lifetime suspensions and eligibility for specialized driving privileges, amend provisions on habitual substance abuse offender determinations, and make some technical corrections. After supporting testimony from Judge Stephenie LeMay-Luken, Hendricks Superior Court #5, Indiana Prosecuting Attorney’s Council, and the BMV, the amended bill passed 12-0.

Traffic Law

April 15, 2014 | Category: Traffic

Motor vehicle financial responsibility
H.E.A. 1059, P.L. 10-2014
Effective: Jan. 1, 2015
Makes various changes to the motor vehicle financial responsibility law, including the: (1) definition of “registration” to include the license plate issued in connection with the registration of a vehicle; (2) requirement of proof of financial responsibility if the operator was not the owner of the motor vehicle is not needed if the person is only seeking to reinstate driving privileges otherwise the operator’s policy of liability insurance is sufficient proof; (3) requires suspension of a registration in addition to driver’s license as a consequence of operation of the vehicle without financial responsibility in effect if the person has a prior conviction within five years; and (4) adds the requirement of proof of future financial responsibility for five years related to operating a vehicle without financial responsibility in effect for the third or subsequent offenses and maintaining the three year requirement for first and second offenses. Increases fees for the reinstatement of a driving license suspended under the financial responsibility law. Specifies that $30 of each reinstatement fee currently charged and the amount of the fee increase must be deposited in the motor vehicle highway account. The Bureau of Motor Vehicles, between July 1 and December 31, 2014, may negotiate with an individual a lower reinstatement fee if the person’s driver’s license/privileges were suspended prior to July 1, 2014. (The introduced version of this bill was prepared by the interim study committee on insurance.)

Proceeding through intersection at red light
H.E.A. 1080, P.L. 206-2014
Effective: July 1, 2014
Authorizes the operator of a: (1) motorcycle; (2) motorized bicycle; (3) motor scooter; or (4) bicycle approaching an intersection that is controlled by a traffic control signal to proceed through the intersection on a steady red signal if the operator comes to a complete stop for at least 120 seconds and exercises due caution provided by law in treating the traffic control signal as a stop sign and determining it is safe to proceed.

Various motor vehicle issues
H.E.A. 1279, P.L. 217-2014
Effective: July 1, 2014; §5-15, §17-70, §72-186, §188-195 January 1, 2015
Makes various changes to the infraction and criminal law provisions in motor vehicle law. Modifies numerous statutes concerning driver’s license suspension and revocation. Modifies the duties of an operator of a motor vehicle if the operator is involved in certain accidents. Modifies the definition of “highway work zone”. Repeals sections concerning “street cars”. Repeals certain motor vehicle and watercraft fraud provisions, and creates a new motor vehicle and watercraft fraud statute. Creates specialized driving privileges and requires a person that is granted specialize driving privileges to maintain proof of financial responsibility, carry a copy of the court order granting specialized driving privileges, and produce a copy of the order upon request of law enforcement. Modifies provisions related to operating while intoxicated.  Modifies the provisions related to habitual traffic violators.  Requires mandatory advisement to persons convicted or pleading guilty to the designated offenses could qualify them as a habitual traffic violator. Requires the bureau of motor vehicles to adopt rules to specify reasonable grounds for suspension or revocation of driving privileges, driver’s licenses, certificates of registration, or license plates. Provides that a motor vehicle may be stopped to determine compliance with motor vehicle window tinting standards but may not be inspected, searched, or detained solely because of a violation of window tinting standards. Creates the habitual vehicular substance offender designation and sentencing. Requires: (1) the state department of toxicology (department) to develop standards and testing for ignition interlock devices (devices); and (2) all devices used in Indiana after July 1, 2015 to be certified under rules adopted by the department. Requires a vendor or provider of devices to: (1) report to the court or court’s designee certain occurrences concerning the use of devices; and (2) provide any reports or data requested by the department.

Traffic Law

February 28, 2014 | Category: Traffic

The Senate Appropriations Committee heard HB 1279 concerning various motor vehicle issues authored by Rep. McMillin and sponsored by Sen. R. Young.  Rep. McMillin explained that this legislation is intended to clarify license suspension provisions in Title 9 and to give discretion to judges to permit specialized driving licenses. The bill makes various other changes to motor vehicle laws. The bill passed 11-0.

Traffic Law

February 21, 2014 | Category: Traffic

The Senate Corrections and Criminal Law Committee heard HB 1279 authored by Representative McMillin and sponsored by Senator Young concerning various motor vehicle issues. An amendment was adopted by consent that: (1) changes the effective date in almost all sections of the bill to Jan 1, 2015; (2) rules out amelioration; and (3) addresses license suspensions while a person is incarcerated by removing language providing suspensions are stayed during incarceration as the BMV has trouble tracking the stays. This legislation is the Title 9 companion to HB 1006 that came from a summer study committee. The bill (1) gets rid of surplus language, (2) has Title 9 changed to conform to technical provisions of 1006, and (3) clears up suspension laws to make them consistent and to assist everyone in knowing what a suspension is. The bill also removes mandatory minimums for suspensions, to free up courts to have discretion to allow “specialized privileges.” The authored clarified that the bill also addresses the window tint statute to address the issue of “pretextual” stops, but does not change the percentage of tint permitted on windows. The bill addresses the regulation and monitoring of ignition interlock devices. The bill also creates an enhancement penalty by creating a habitual vehicular substance offender penalty provision – more than two vehicular substance offenses in a ten year period becomes an aggravator with a sentence enhancement of one to eight years.  Additionally, the bill makes some changes to the notification requirements for individuals involved in motor vehicle accidents or accidents involving damages to property. Issues were discussed related to the interlock devices, and Representative McMillin said authorizing the Department of Toxicology to certify the devices is intended to ensure the equipment meets appropriate specifications. The traffic safety resource attorney for the Prosecuting Attorneys Council testified in favor of the bill and explained several of the ignition interlock provisions and habitual vehicular substance offender section. A representative from the Bureau of Motor Vehicles also testified in support of the amendment addressing license suspensions while incarcerated and delaying the bill’s effective date, while remaining neutral overall on the bill. The amended bill passed 10-0.

Traffic Law

June 3, 2013 | Category: Traffic

Parking for persons with disabilities
S.E.A. 387, P.L. 50-2013
Effective July 1, 2013
Increases from $50 to $100 the minimum civil judgment imposed for certain infractions involving parking a motor vehicle in a space reserved for a person with a physical disability or a disabled veteran.

Various motor vehicle issues
S.E.A. 538, P.L. 85-2013
Effective July 1, 2013
Makes various changes to motor vehicles laws concerning credentials, convictions, restrictions, and suspensions. Amends related definitions. Amends certain requirements for various driver’s licenses. Amends provisions concerning examinations and investigations for licenses. Specifies minimum terms of suspension of driving privileges for various offenses. Provides that a nonresident must be at least 16 years and 180 days of age to operate a motor vehicle on a highway. Changes the membership of the motorcycle operator safety education program advisory committee. Makes technical corrections and corresponding changes.

Proof of financial responsibility
S.E.A. 620, P.L. 59-2013
Effective July 1, 2013
Provides that a court shall recommend suspension of a person’s driving privileges for at least 90 days but less than a year for failure to provide proof of financial responsibility. (Under current law, the court may make such a recommendation.) Provides that if a court suspends a person’s driving privileges or vehicle registration for failure to provide proof of financial responsibility, and fails to recommend a fixed term of suspension or recommends a fixed term that is less than the minimum term of suspension required by law, the bureau shall impose the applicable minimum term of suspension required by law.

Court late payment fees
H.E.A. 1124, P.L. 143-2013
Effective July 1, 2013
Provides that a defendant who is found to have committed a violation constituting a Class D infraction or Class C infraction for unlawfully parking in a space reserved for a person with a physical disability shall pay a late payment fee of $25 if the defendant: (1) is required to pay a fine or civil judgment; (2) is not determined by the court imposing the fine or civil judgment to be indigent; and (3) fails to pay the fine or civil judgment on time.

Open container laws
H.E.A. 1579, P.L. 290-2013
Effective July 1, 2013
Provides that, for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle.

Traffic Law

March 28, 2013 | Category: Traffic

The Senate Corrections and Criminal Law Committee heard HB 1579, sponsored by Sen. Kruse and Sen. Wyss, on open container laws. This bill specifies that for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle. This bill also increases the number of hours of community restitution or service that a person convicted of operating a vehicle while intoxicated must perform. This bill was amended to attempt to conform with federal requirements to receive highway money. Build Indiana Council and Indiana Public Defender Council testified in favor of the bill. The Attorney General’s Office testified that it was still working with the federal government to answer questions about compliance with the federal requirements. The amended bill passed, 8-1.

Traffic Law

March 1, 2013 | Category: Mid-Session Chart, Traffic

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
HB 1579 Open container laws 1/31/13 Do Pass 2/4/13 Engrossed 2/5/13 Passed 98-1 Kruse, Wyss

Traffic Law

February 1, 2013 | Category: Traffic

The House Roads and Transportation Committee heard HB 1579 authored by Reps. Smaltz and Soliday on open container laws. The bill increases the number of hours of community restitution or service that a person convicted of operating a vehicle while intoxicated must perform. The bill also specifies that, for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle. The bill passed, 9-0.